The Federal Court System
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Section 1: Powers of the Federal Courts
Jurisdiction of the Courts
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The United States judiciary consists of parallel systems of
federal and state courts.
The federal court system consists of the Supreme Court
and lower federal courts established by Congress.
Federal Court Jurisdiction:
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Jurisdiction- the authority to hear certain cases.
Dual court system where:
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State courts have jurisdiction over cases involving state laws.
Federal courts have jurisdiction over cases involving federal laws.
Jurisdiction of the Courts
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Federal Court Jurisdiction continued:
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The Constitution gives federal courts jurisdiction in cases that
involve:
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United States laws
Treaties with foreign nation
Interpretations of the Constitution
Bankruptcy
Admiralty or maritime law
Jurisdiction of the Courts
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Federal Courts also have jurisdictional authority to hear cases
if certain parties or persons are involved:
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Ambassadors and other representatives of foreign governments.
2 or more state governments
U.S. government or one of its offices or agencies
Citizens who are residents of different states
Citizens who are residents of the same state but claim lands under
grants of different states.
VS
Concurrent Jurisdiction
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Concurrent jurisdiction- occurs when both federal and
state courts have jurisdiction.
Example:
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A case involving citizens of different states in a dispute
concerning more than $75,000.
In this case, a person may sue in either a federal or a state
court.
The person being sued can insist that the case be tried in a
federal court.
Original Jurisdiction
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The court in which a case is originally tried is known as a
trial court.
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A trial court has original jurisdiction.
In federal court system,
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District courts and several other lower courts have original
jurisdiction.
Appellate Jurisdiction
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Appellate jurisdiction- authority held by a court to hear a
case that is appealed from lower court.
Thus, if you lose a case in a trial court then you can
appeal that decision to a court with appellate jurisdiction.
In federal court system,
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Courts of appeals have only appellate jurisdiction.
Developing Supreme Court Power
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Early Precedents
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Neither the SCOTUS nor any other federal court may initiate
action.
The court must wait for litigants to come before them.
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Litigants- people engaged in a lawsuit.
Federal courts will only determine cases.
They will not simply answer a legal question, regardless of
how significant the issue is.
Marbury v. Madison
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In 1803, the court ruled that William Marbury’s rights had
been violated when President Jefferson stopped the
delivery of his commission but that the court did not
have the Constitutional authority to issue a writ to force
delivery of the commission.
Chief Justice: John Marshall
*This case established the power of judicial review.
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Judicial review- the power of the Supreme Court to declare
laws and actions of local, state, or national governments
unconstitutional.
John Marshall’s Influence
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Fletcher v. Peck (1810)
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Dartmouth College v. Woodward (1819)
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The Court applied the protection of contracts to corporate
charters.
McCulloch v. Maryland (1819)
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Supreme Court continued to extend its power to review state
laws.
Court declared that states could not hamper the exercise of
legitimate national interests.
Gibbons v. Ogden (1824)
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Court broadened the meaning of interstate commerce, further
extending federal authority at the expense of the states.
Due Process
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The Reconstruction amendments (13th, 14th, 15th) were
intended to ensure the rights and liberties of newly freed
African Americans.
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Due process clause says that no state may deprive any person
of life, liberty, or property without the due process of law.
The court did not strongly apply the due process clause
when an individual challenged business or state interests.
Due Process
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Slaughterhouse Cases (1873):
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First and most significant ruling on the 14th amendment.
The court ruled that the 14th amendment did not increase the
rights of an individual. It only extended protection to those
rights, privileges, and immunities that had their source in
federal, rather than state, citizenship.
Plessy v. Ferguson (1896):
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The case established the “separate but equal” doctrine,
which held that if facilities for both races were equal, they
could be separate.
Due Process
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The Court and Business
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(1870s) Granger Cases: the Court held that some private
property, such as a railroad, was invested with a public interest
and could therefore be regulated by the state.
(1890s) United States v. E.C. Knight & Co: the Court ruled to
uphold a monopoly of business trusts.
In Progressive era, the Court upheld several federal and state
laws regulating business.
In 1920s, Court returned to supporting business.
Protecting Civil Liberties
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Under Chief Justice Earl Warren (CJ from 1953-69) the
Supreme Court emerged as a major force in protecting
civil liberties.
Brown v. Board of Education of Topeka (1954): the Court
outlawed segregation in public schools.
The Warren Court issued several rulings that extended
equal protection in voting rights and fair apportionment
of representation in Congress.
Lower Federal Courts
Section 2
Constitutional Courts
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Constitutional courts- courts established by Congress
under the provisions of Article III of the Constitution.
Federal District Courts:
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District courts were created in 1789 to serve as trial courts.
Today, the United States has 94 districts.
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Each state has at least 1 district court.
More than 550 judges who preside over district courts.
U.S. district courts are the trial courts for both criminal and
civil federal cases.
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2 types of juries in criminal cases
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Grand jury
Petit jury
Constitutional Courts
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Grand jury
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Usually 16-23 people
Hears charges against a person suspected of having committed
a crime.
Issues indictments (formal accusation charging a person with a
crime)
Petit jury
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Usually 6-12 people
This is a trial jury that hears evidence presented at trial in a
criminal or civil case.
Criminal case: verdict is guilty or not guilty
Constitutional Courts
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Petit jury continued
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Civil cases: either rule for the plaintiff or the defendant
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Plaintiff- person bringing the suit
Defendant- person against whom the suit is brought
District courts are the workhorses of federal judiciary
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Hear hundreds of thousands of cases each year
80 percent of all federal cases.
Jurisdiction to hear cases involving federal questions:
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Federal statue issues
Constitutional law
Cases with citizens of different states
Federal Judicial Circuits and Districts
Officers of the Court
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Each district court has:
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A United States attorney to represent the government in civil
suits and prosecute people charged with federal crimes.
A United States magistrate who issues arrest warrants and
helps decide whether the arrested person should be held for a
grand jury hearing.
A bankruptcy judge that handles bankruptcy cases for each
district.
A United States marshal who carries out such duties as making
arrests, securing jurors, and keeping order in the courtroom.
Federal Courts of Appeals
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After losing in district court, a person or group may
appeal that decision in a court of appeals.
The U.S. courts of appeals were created in 1891 to ease
the appeal workload of Supreme Court.
13 U.S. courts of appeals
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The United States is divided into 12 judicial circuits with 1
appellate court in each circuit.
The 13th court has national jurisdiction.
Federal Courts of Appeals
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The courts of appeals may decide an appeal in one of
three ways:
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Uphold the original decision
Reverse that decision
Send the case back to the lower court to be tried again
The United States Circuit Court of Appeals for the
Federal Circuit was created in 1982 and hears cases from
a federal claims court, the Court of International Trade,
the United States Patent Offices.
The Court of International Trade
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Formerly known as: United States Customs Court
This court has jurisdiction over cases dealing with tariffs.
Citizens who believe that tariffs are too high bring most
of the cases heard in this court.
Legislative Courts
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Legislative courts- help Congress exercise its power.
U.S. Court of Federal Claims
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Created 1982
This court has original jurisdiction and handles claims against
the United States for money damages.
United States Tax Court
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Created 1969
As a trial court, it hears cases relating to federal taxes.
Legislative Courts
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U.S. Court of Appeals for the Armed Forces
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Established in 1950
Armed forces highest court of appeals
This court hears cases involving members of the armed forces
convicted of breaking military law.
Territorial Courts
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Court system created by Congress in the territories of the
Virginia Islands, Guam, the Northern Mariana Islands, and
Puerto Rico.
They handle civil and criminal cases, along with constitutional
cases.
Legislative Courts
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Foreign Intelligence Surveillance Court
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Created in 1978
The court was authorized to secretly wiretap people suspected of
spying against the U.S.
2001 USA Patriot Act, court was granted a 4-year authorization to
approve wiretaps and searches of anyone suspected of “terrorism or
clandestine activities.”
Selection of Federal Judges
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Article II, Section 2 provides that the POTUS, with the
advice and consent of the Senate, appoints all federal
judges.
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Judges in constitutional courts serve “during good
behavior” which, in practice means for life.
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This life term grants judges freedom from public or
political pressures when deciding cases.
Selection of Federal Judges
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Party Affiliation
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Judicial Philosophy
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Presidents favor judges who belong to their own political party.
Judicial appointments are a political issue rather than merely a
matter of assessing a judicial candidate’s qualifications.
Senatorial Courtesy
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Senatorial courtesy system- a president submits the name of a
judicial candidate to the senators from the candidate’s state
before submitting it for formal Senate approval.
Selection of Federal Judges
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The Background of Federal
Judges:
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Almost all federal judges have
had legal training and have
held a variety of positions in
law or government.
LBJ appointed Thurgood
Marshall the first African
American justice to the
Supreme Court.
Reagan appointed Sandra Day
O’Connor the first female
justice to the Supreme Court.
Thurgood
Marshall
Sandra Day
O’Connor
Section 3: The Supreme Court
The Supreme Court
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Article III creates Supreme Court as one of the three
coequal branches of the government.
The Supreme Court is the court of last resort in all
questions of federal law.
The Court chooses the cases that it will consider.
It has final authority in cases involving:
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The Constitution
Acts of Congress
Treaties with other nations
Supreme Court Jurisdiction
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SCOTUS has both original and appellate jurisdiction.
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Original Jurisdiction
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2 types of cases:
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Cases involving representatives of foreign governments
Certain cases in which a state is a party.
Appellate Jurisdiction
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Most cases heard by SCOTUS are appeals.
Cases are appealed from lower courts of appeals and federal
district courts.
May also hear cases that are appealed from the highest court
of a state.
Supreme Court Justices
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9 Supreme Court justices
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Congress sets salaries and may not reduce them.
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Chief Justice
8 associate justices
Set by Congress
Associate justice: $173, 600
Chief Justice: $181, 400
Congress may remove justices through impeachment for
and conviction of treason, bribery, or other high crimes
and misdemeanors.
No justices has ever been impeached.
Duties of the Justices
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The main duty is to hear and rule on cases.
3 decision making task:
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Deciding which cases to hear.
Deciding the case itself
Determining the Court’s opinion on the case.
Other duties:
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Responsible for at least one federal court circuit.
Dismiss themselves from cases if they have a connection
Law clerks assist the justices with many task.
Background of Justices
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Justices usually have a law degree and legal experience.
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One former president, William Howard Taft, served as
chief justice.
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Most justices appointed are over the age of 50.
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Most justices come from upper socioeconomic levels.
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Constitution does not require justices to be native-born
Americans
Appointing Justices
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Appointed by the President with Senate approval.
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Political consideration affects a president’s choice of a
nominee.
Role of ABA:
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No guarantee of approval
American Bar Association (ABA) is the largest national
organization of attorneys.
ABA’s role is to evaluate the professional qualifications of
candidates for judicial positions.
Interest groups also influence senators who vote on the
nominee.
Today’s Supreme Court
*John Roberts
Ruth Bader
Ginsberg
Antonin Scalia
Stephen
Breyer
Anthony Kennedy
Samuel Alito
Sonia
Sotomayer
Clarence Thomas
Elena Kagan